The evening world. Newspaper, July 23, 1919, Page 1

/ FIV CAPITAL RIOTERS WAR-TIME DRY LAW UPHELD IN TEST CAS PRICE TWO CENTS. E DRUGGED 1 Cores aes 1918, by The WARTIME DRY LAW UPHELD BY FEDERAL DISTRICT COURT INGONNECTICUT TEST CASE Uutige Chatfield Overrules De- murrer and Holds Act CONGRESS HAS POWER. Law Must Remain in Force Uatil Wilson Calls Demo- bilization Ended. Zwtge Thomas I. Chatfield of the United States District Court to-day in te chambers in Brooklyn Handed Gown « decision made regarding « test case in Connecticut that the war-time prohibition act is con- stitutional and .will remain in force until the President declares that demobilization of the armed forces of the United States engaged in the recent war has been accom- plished. A point of the decision which caused much discussion by lawyers was the apparent ruling that ‘he President cannot announce that the army bas been demobilized except under conditions to be defined by Congress. It was noted that the President in his Paris message ask- ing Congress to repeal the War Time Prohibition Act as to beér and light wines »ald he was without power to nullify war prohibition at that time without the action of Congress. After laying down the principle that the power of Congress to legis- late for war involves the power to ad- just after-war conditions, Justice Chatfield ruled: “Discretion for the termination of this (wartime prohibt- tion) law ha been vested in the President after certain fixed condi- tions shall have happened. These conditions are in the power of Con- gress to describe and define. It fol- lows that the courts have no right to interfere with the exercise of this discretion of Congress.” TEST CASE ARRANGED BY CON- NECTICUT DEALERS. Judge Chatfield recently sat at New Haven in place of Judge Edwin 3. Thomas to hear this test ca His decision was filed in the Connecticut Federal District Court to-day The test case was brought by the Connecticut Liquor Dealers’ Associa- tion, who arranged to have Stephen A. Minery open a sgloon in Meriden and do a general buginesa such as was done in all saloons before July 1, He was promptly arrested and at once conceded that he had sold wines, beers and iquors “on orabout July 8 last.” He was defended by Arnold A. Alling, who is State Prosecutor, In a de murrer Mr. Alling maintained that the war-time prohibition act was uncon- stitutional and thet even though it were constitutional it was not now effective because a state of peace had been restored. Justice Chatfield summed up thy demurrer in his decision, in part as follows: “The defendant has demurred: “‘], That the facts set forth do not constitute a crime "2, Toat the or about July 5, { was committed on| 1919, and therefore (Continued 9 on Second Page.) TRIAL OF MOONEY ON BOMB CHARGE DECLARED UNFAR Labor Department Investiga- tor’s Report Rapping Prose- cution Goes to House. . WASHINGTON, July 23.—Thomw J. Mooney did not receive full justice in his trial at San Francisco for al- leged connection with the Prepared- ness Day bomb explosion. This is the opinion of John B. Densmore, former Special Agent of the Depart- ment of Justice, who investigated the case fo rthe Government. The report, dated Nov. 1, 1918, was submitted to the Houge to-day in response to a reaolution. “The plain truth is,” the report said, “that there is nothing about the case to produce a feeling of confi- dence that the dignity and majesty of the law have been upheld, “There is nowhere anything re- sombling consistency, the effort be- ing a patohwork of incongruous makeshift and often of desperate ex- pediency.” The resolution called for informa: tion as to activities of the Depart- ment of Labor in the case, and Dens- more's report was forwarded by Sec- retary Wilson, accompanying his own statement, Much of the information obtained by Densmore and his assistants, the report said, was secured by use of dictagraphs placed in the office of Charles M. Fickert, District Attorney of San Francisco, where it was kept several months. Mr. Densmore's objections to the trial, as enumerated in his report, include: “The apparent failure of the Dis- trict Attorney's office to conduct a real investigation at the scene of the crime; the irregular methods pur- sued by the prosecuton dn identifying various defendants; the sorry type of men and women brought forward to prove essential matters of fact in a| case of gravest importance; the sang- froid with which the prosecution oc- casionally adopted an untenable the- ory and then changed to another not quite so preposterous and the refusal of the public prosecutor to call wit- nesses who actually saw the falling of the bomb. ‘In short, at the general flimsiness and improbability of the testimony adduced, together with a total absence of anything that looks like a genuine effort to at the facts in the cage. “There were arrive excellent grounds for the belief,” said the report, “that the prosecuting attorney's sudden cha of attitude was prompted by emis. s ries from some of the corporate in terests most bitterly opposed to union labor,” a Togs $23.35 in St, Louls, 8T. LOUIS, July St, Louis live stock market re again were tered to-day when hogs sold on the market hero at $23.45 New "Tork We ROCKAWAY PLEADS FER MORE CLOTHES ON BEACH NYMPHS Father Foran Leads Delegation From Three Towns to City Hall) ' CHURCHES INVADED. Priest Says Actions of Women Wearing Men’s Suits Is a Disgrace. Speaking for the residents of Belle Harbor, Rockaway Park and Neponsit, Rev. Father J. M. Forgn of St. Fran- cis De Sales Roman Catholic Church of Belle Harbor, declared before Mayor Hylan to-day that a large éestloil Uf Rockaway Beach has been invaded by women whose deportment has scan- dalized women and childron. On the beach in broad daylight, he said it was a common sight to see women in men's bathing suits mingle with the crowd or ride about on bicycles, and that even the sanctuary of places of worship had not been spared by scan- tily clad persons, Father Foran’s assertions, which were made in the public reception room in City Hall, were backed up by hundreds of prominent Rockaway Beach residents who came here with the priest to protest. Conditions along the residential part of the beach have become so unbearable, they sald, that the residents have formed a protec- tive association. Thomas Farrell, a coal dealer, is chairman of the organi- zation. Thomas W. Churchill, former President of the Board of Education, was in the protesting delegation to- day, Father Foran told the Mayor that it was impossible to describe some of the things which respectable women and children are almost daily com- pelled to witness on Rockaway Beach, “The wantonness of these invaders, who do not live in our section of the city, would justify a Trial Judge sending them to prison,” he said. “Others who do not shock our good people on the beach invade our resi- dential sections in men's bathing suits, go joy-riding in autos on the Boulevard while scantily clad, or even have the brazen effrontery and indecency to enter churches in their bathing costumes, This simply has to stop. “I do not wish it understood that Police Captain McMahon is to blame for this, What we need is more po- lice protection. However, I have heard it said that a policeman turns his head the other way when some of the women I complain of are nearby.” “The policeman who thus seeks to shirk his duty by not arresting of- fenders doesn't deserve to hold his jeb," said the Mayor. “I shall imme- diately get in touch with Police Com- missioner Enright, and I can assure the people of Rockaway that the en- Ure peninsula will be made fit for the eyes of decent people. If the police captain we have at Rockaway can't | keep it clean we'll send another there who can," Father Foran laid several other | complaints before che Mayor, He said the water supply service ren- dered by the Queens County Water |Company, a private concern, is un- bearable, and that the pressure is so llow that big fire would develop | Jinto a ration that would wipe | out the residential section of the | peninsula, t is the policy of the Board of Batima' to extend city water mains into every section of the five dor- | oughs,” said Mayor Hylan. “This | Biorlo.| ADM RS [“Ciroulation Books Open to All.” | Books Open to AU.’ |_ NEW Youn, WEDNESDAY, JULY 23, 1919 AWE Marines Now on Duty in Washington Ready to Suppress Further Rioting FIVE ARE DRUGGED BY BURGLARS WHO ROB APARTMENT i _o Thieves Carry Off Plunder| | After Making Household Unconscious. the Ci August 5. day on his coming trip abroad on July 17, nouncement, in an Five persons were overcome by some mysterious drug left by burg- Jars last night, While they were un- conscious the apartment was hastily ransacked of property worth several hundred dollars, ‘The victims of the burglars all lived m the apartment on the second floor of No, 142 Vest 118th Street, leased by Mrs, Elizabeth Merrill Those drugged were: Mrs, Elizabeth Merrill, who leases the apartment and rents out rooms to relatives and friends Jotm Marx, a wholesale milliner. States during his added, however, time would be spent H nown, is set for Aug. 5. tour. |PRINGE OF WALES COMING TO UNITED STATES SAYS OFFICIAL ANNOUNCEMENT LONDON, July 33. T was oMcially announced to- that the Prince of Wales would visit the United States The London Press Association unoMicial said that the Prince of Wales would visit the United an- was that most of his in Canada. departure, on the cruiser Re- HIGH CENSUS BUREAU POST GOES TO NEW YORK WOMAN Miss Emily Farnum Named Chief of Appointment Division for His Departure From England on} ser Renown Set for Walter E, Merrill, son of the lessee 1920 Survey. ot the apartment, a buyer for the! w ssuinon, July 22.—Miay Bmily Western Biectric Co Farnum of New York City, for many Lieut. John Cash, U. 8. Ny 8t&| Bars connected with the Department of tloned at No. 45 Broadway Commerce, will be Chief of the Appoint- Marcus Weingolt, a printer. ment Division for the 1920 census, She After the robbery and drugsing|ig the first woman to hold the position. were reported to the police of the ‘West 123d Street station, Mrs, Mer- rill was warned that under no cir- cumstances was sife to allow any one to know of the crime if she expected to recover her lost property. The Police are said to have particularly cautioned her against allowing the matter to get into the newspapers, According to the story told by Mrs. 4,000 for the local end of the bixgest Job will be the correspondence with the workers, Island Man Wan Miss Farnum will have super the comfort and general working of the work that of supervising 70,000 fleld sion of Her 0,000 vom One of Seventy-Two, Merrill, the last member of the vymily| |. * pa opr i retired about midnight. She woke up|, Numine, Hisrepact | tart about § this morning, feeling dizzy | and with a terrible headache. she! aroused her son after difficulty, and 0,000 to-day Brooklyn, a No. n the his Supre Gruner of Woodbin means that as soon as possible the people of the Rockaways will be re- DEL ory hoy Sea Cas. |r oo apeg te ea he reported the same symptoms. In| Brooklyn, chargims the al (Continued o1 ol Mr: Hessetb: fectio: pa ple were married in 1014 If you can selbach is forty-two, Gruner, ‘ Igor of texto wil af Mrs. the uncle defendant, Passaic, SAYS UNCLE ALIENATEDWIFE of for Court Street nation The cou- Hes mana- LODGE COMMITTEE TO DEBATE TREATY AT OPEN HEARINGS “Open Covenants” Plan Agreed to by G. O. P. Leader, Says Senator. WASH ciple of TON, July 23. covenants of peace openly arrived at” is to be applied to the Senate Foreign mittee’s consideration of the treaty, according to plans made by Admin. istration Senators to-day, Usually the committee's sessions are secret. Senator Jones, New Mexico, said he will call up at once his resolution Providing that all sessions of the committee be open to the public Senator Lodge, Republican leader and Chairman of the committee, has Practically asvured Jones he will not fight the resolution, Jones said Tho prin- ‘open Relations Com- Democratic Senators declared Re publicans dared not vote against open sessions, because they have as- sailed President Wilson for, the se- erecy of the Peace Conference and have constantly demanded that the public be kept informed fram day to day of all developments. Conferences with Republican Sen- ators on the Peace Treaty and the League of Nations covenant were continued to-day by Mr. Wilson. Senators on the visiting Ist were Page, Vermont; Sterling, South Da- ko! McLean, Connecticut, and Newberry, Michigan. Senator Sterling told the President he could not accept Article X, ex cept with @ reservation, leaving to | Congress the decision as to what part the United States would play in any specific European conflict, Mr, Wi! gon reiterated that he was opposed to any action which would send the cov- gnant back for renogotiation, The South Dakota Senator assured sGentinuet oa aaoeps Maan) Tt Japanese delegation to 20 PAGES | athe nn nn BY TROOP WASHINGTON NOW GUARDED BY MACHINE GUNS AND TANS PRICE TWO CENTS. vata tk TO SUPPRESS RAGE wet men, Marines TwoThousand CavelrymenIniaatnee i and Sailors operate With Armed Civilians Suppress Riots. WASHINGTON, July 23—The capital to-day is under the pectin oh ed Sas Yo) Se fantrymen, marines and sailors, co-operating with the civilian forces, after a.night of intermittent race rioting, in whith two Home Defense Guards were killed by negroes. The known casualties now include seven persons killed, dying and scores injured since the outbreak started. The rioting last was resumed, despite’ the increase in military and civilian guards, but it was less serious than on the preceding nights. A battalion and one company, numbering about 1,200 men, of ie WAS WON IN TRADE FOR Delegation RACIAL EQUALITY CLAUSE Peace Conference at Contradicts Report of Barter for Chinese Territory. PARIS, July 23. the Peace Conference to- day issued a denial of sertions that the whantung set- tle treaty was ment in the German peace in exchange for the withdrawal of the Japanese con- tention regarding the racial equality clause in the League of Nations covenant, PARIS, July 23 (United Press).— Conversations were in progress in Peace Conference circles to-day in an endeavor to persuade Japan to publish which made concerning the China of the the verbal Japanese agreement delegates return to territory and oconces- sions in Shantung. FOUR INDICTED, ACCUSED OF $350,000 STOCK FRAUD President of Ta Cuthbert W. Cherry, The four are charge mails to defraud p mone yin stock of the York and r Island Company and Three Others Charged With, Oil Swindle. Feder& Grand Jury this after- indictments against 111 Broadway; s of Louisiana; and Wright and William L both of New York City with using the ns who invested ar Island Pro- ere Refining Company, an oil The amount of the alleged timated at $350,000, t United States Distriet At who presented the evi Grand Jury, said the n sold chiefly in New w England, The defend- will be arraigned in a few days deral Judge Smith to plead, pany is incorporated under laws of Dr, Ames is dent and Cherry is manager of selling force Delaware. 17th Infantry, arrived on a special train from Camp Meade, Md, on an order from Secretary of War Baker. Lieut. Commander Bloxham Ward is in charge. Motor trucks brought the general equipment to the capital, JAPAN DENIES SHANTUNG Parts of the city look like a There gre three army tanks’ equi; with machine guns ready for use, and seven more tanks are in readiness at Camp Meade, Addiy tional units of infantrymen at Meade, of marines at Quantico of cavairymen at Fort Myer are in constant preparedness to be here on special trains, During the night soldiers and epey clal officers were stationed on reafe in dangerous localities, Fifty plain clothes men, with heavy calibre revolvers, have been scattered over the city in motor cars, and @ tru. load of ammunition for revolvers machine guns hag been delivered at Police Headquagters from Meade. The police reported they 1,000 revolv and 36,000 roynds of ammunition available, Scores of army and nave officers, armed with revolvers and full cart: ridge belts, have charge of details ef © enlisted men by order of the War on Novy Departments, The ross has workers delivering food, coffee and tobacco to the men, “4 Tho first trouble) last night wag when Isaac B. Hopfinger, member of the Home Defense League, was killed by a negro at Ninth and :. Streets Northwest, Followed a report that G, E. Belmont, guard, had been fatally shot a block away, Infantrymen, ma- rines and cavalrymen were sent te the scene, some of them with mae. chine guns in automobiles, SURROUND AND SEARCH EN, TIRE BLOCK, The block, as well as other dis; tricts where there had been sniping, was gurrounded, Three riot calle came in simultaneously from ene negro section, Armed guards oo. ered adjacent roofs and every donep and cellar was searched, The shooting of Hopfinger was by a negro he had stopped to search weapons, After killing the guard the negro fired two shots at marine, Te escaped by through the apartment of @ family, and jumping (® @ root, mont was shot by negroes in an aut mobile, A number of negro were arrested. At about the same time a